1. ) SITI HAWA @ ASIAH BINTI YAACOB 2. ) HILMAN BIN ADNAN 3. ) ZAMILAH BINTI ADNAN 4. ) ZAWAWI BIN ADNAN 5. ) ZAIDI BIN ADNAN 6. ) ZAINAB BINTI ADNAN 7. ) ZAITUN BINTI ADNAN v BAHARUN BIN ZAKARIA

da-22ncvc-47-09-2021 High Court (Mahkamah Tinggi) 24 September 2024 • DA-22NCvC-47-09/2021 • 24 min read
1 cases cited (0 SG, 1 foreign)

Catchwords

Section 340(3)(b) of the National Land Code: The land administrator of the District of Pasir Mas Land was alleged to have been transferred by the deceased to the defendant by way of fraud and/or misrepresentation and/or undue influence - Whether the defendant has committed a fraud and/or misrepresentation on the deceased and on the first plaintiff that the original document of title of the land had been damaged and the defendant had asked the deceased to execute a document of transfer (form 14A - National Land Code) - Whether the defendant, as a cousin to the deceased, had taken advantage over the old age and poor health conditions of both the deceased and the first plaintiff and had induced him to execute the transfer form - Whether the transfer form dated 10.7.2019 that was executed by the deceased at the deceased's home instead of at Kuala Krai Land Office and not in the presence of the Assistant Land Administrator of Kuala Krai - Whether the deceased’s ½ undivided share in the land had been sold during his lifetime to the defendant's brother-in-law.

Judges (1)

Mohd Rosli bin Yusoff Delivered

Counsel (4)

Rafizi Abdullah & Co Firm Wajdi Mohamad & Company Firm Mohd Rafizi bin Abdullah Counsel Defendant Wajdi bin Mohamed Counsel Plaintiff

Parties (8)

Baharun bin Zakaria Defendant Hilman bin Adnan Plaintiff Siti Hawa @ Asiah binti Yaacob Plaintiff Zaidi bin Adnan Plaintiff Zainab binti Adnan Plaintiff Zaitun binti Adnan Plaintiff Zamilah binti Adnan Plaintiff Zawawi bin Adnan Plaintiff

Statutes Cited

Evidence Act 1950 (Cap 56)
National Land Code (Cap 828)

Cases Cited (1)

MY (1)
[2024] 4 CLJ 871

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (da-22ncvc-47-09-2021)